Possibility of Invoking the Breach of Fair Trial in the European Patent Office as a Basis for a Foreign Investment Dispute

Document Type : Original Article

Authors

1 shahidbeheshti

2 Shahid Beheshti University

10.22034/jlr.2020.184596.1522

Abstract

Patents can be protected as foreign investment. To acquire this protection, patents shall be registered in the country where the protection as foreign investment is sought.  The international investment agreement between the state of the patentee as an investor and the investor-state where the protection is sought shall recognize the patent as an investment. The main question is how the patentee’s complaint can be based on a breach of fair and equitable treatment on the ground of violation of the right to be heard in the European patent office and bring such claim before the international investment arbitration tribunal as a breach of such provision of the International Investment treaty. In this paper, the right to be heard and the right to appeal from the decision of the patent office is analyzed in European Patent Convention and the respective precedents. Finally, the prerequisites of bringing a complaint before the foreign investment tribunal is scrutinized.

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History

  • Receive Date: 05 January 2020
  • Revise Date: 03 August 2020
  • Accept Date: 17 August 2020

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